I have been asked to prepare a will by a person who, to my knowledge, has given an enduring power of attorney. Should I contact the attorney to verify the capacity of the intending testator?
A Depending upon the circumstances of the intending testator, such as whether he or she is in a nursing home, hospital etc, it would be wise to first check with the testators treating medical practitioner or hospital superintendent to ascertain whether the client is suffering from any form of dementia or has any periods of lucidity. Subject to such confirmation you may also refer to the testators donee under power of attorney to ascertain whether the donor, so far as the donee is aware, has current mental capacity and the ability to make a will. Depending on satisfactory evidence being available, you may proceed to take the testators direct instructions and to have the will executed at that time, without any delay which might result in deterioration in the testators physical condition, or loss of testamentary capacity.
